Table of Contents
Can employers legally differentiate pay based on seniority?
Differences in pay are permitted when they are based on seniority, merit, quantity or quality of production. These are known as affirmative defenses and it is the employer’s responsibility to prove that they apply.
Can my employer pay me less than the others in my same job?
The Equal Pay Act doesn’t allow your employer to pay you less than a coworker doing a similar job. Congress passed the EPA in 1963, mostly to ensure that women earn the same pay rates as men doing similar work. However, the law protects both genders.
Is it legal to pay different salaries for the same job?
Can a company pay different wages for the same job? It is legal for a company to pay different wages for the same or similar job, but only if there are non-discriminatory material factors which explain the reason for the difference.
Can someone get paid more for the same job?
People doing the same job or work of equal value should get the same or equal pay; but in many cases they don’t, even though though the law says they should. You are entitled to the same pay as anyone doing the same or broadly similar job, or a job of equal value, regardless of gender.
What are the three defenses for paying a different wage?
individual makes each of these showings, the defendant employer may avoid liability by proving that the wage disparity is justified by one of four affirmative defenses—that is, that the employer has set the challenged wages pursuant to “(1) a seniority system; (2) a merit system; (3) a system which measures earnings by.
Can I sue my employer for unfair wages?
Can I sue my employer for unpaid wages in California? When an employer fails to follow California wage and hour laws, you may be able to recover the unpaid wages through filing a wage claim with the labor commissioner or filing a lawsuit against your employer.
How do I report unequal pay?
https://www.eeoc.gov/equal-paycompensation-discrimination.An aggrieved individual may contact the Civil Rights Center (CRC) at: Phone: (202) 693-6500; Federal Relay Service TTY/TDD: (800) 877-8339; Video Relay (877) 708-5797; Email: CRC-INFORMAL-COMPLAINTS@DOL.GOV.
Why do some employees get paid more than others?
Employer demand depends on how much value the job creates. Supply depends mainly on skill: how many other people can do the job. So a high-value high-skill job pays very well (doctor), while a low-value low-skill job (fast food worker) pays very little.
How do you prove equal pay discrimination?
In order to prove wage discrimination under the Equal Pay Act, you will be required to show that the job you are working is equal to the job held by a counterpart of the opposite sex.
What can I do about unfair pay?
In order to report unfair wages, an employee must first file a complaint with a state or federal government agency that oversees unfair wage matters, such as the Equal Employment Opportunity Commission (“EEOC”). The agency that receives the complaint will then review the claim and open an investigation.
Is it illegal to discuss salary employees?
The Act prohibits employers from forbidding employees from discussing their wages or the wages of other employees. Pay secrecy policies, whether formal or informal, often reflect an effort by an employer to conceal wage discrimination.
What do you do when an employee makes more than you?
Here are 10 steps for how to handle things at work when new employees make more than existing employees: Evaluate the situation. Remain positive and friendly. Track your productivity and success. Research fair earnings. Wait for the right time to talk with your boss. Boost your skills. Expand your professional network.
Does HR decide salary?
The HR department should be able to answer your job-related questions, and you can ask them about your salary and any salary increase policies your company has in place.
Who decides what constitutes a fair wage?
The U.S. Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department’s Wage and Hour Division.
What constitutes a violation of the Equal Pay Act?
If an employer does not provide equal pay for equal work, then they may be in violation of the Equal Pay Act, and may be sued for discrimination. Some examples of EPA violations may include: Paying an employee less than another employee who performs the same work, based on that person’s gender.
Can my employer disclose my salary to other companies?
The California law, unlike other laws, will also require employers, upon reasonable request, to provide the pay range for the applied-for position. In California, job applicants may voluntarily contribute information about their pay history.
Can my employer force me to take a different job?
Your employer can offer you an alternative job in any way, but unless they follow the rules you can refuse it and get your redundancy pay instead. Your employer has to: offer you the new job in writing or orally. make the offer before your current job ends.
What to do if an employer refuses to pay you?
Contact your employer (preferably in writing) and ask for the wages owed to you. If your employer refuses to do so, consider filing a claim with your state’s labor agency. File a suit in small claims court or superior court for the amount owed.
What are some examples of wage discrimination?
Wage discrimination means paying someone less because of their gender, race, age, or religion. Paying an employee less because of a protected characteristic violates the law. For example, paying women less than men for the same work qualifies as wage discrimination.
Can you sue for equal pay?
YOUR RIGHT TO FILE A LAWSUIT The Equal Pay Act (Labor Code section 1197.5) – You may file a lawsuit under the Equal Pay Act if you file within two years after the cause of action occurs (or within three years if it is determined to be a “willful” violation).
